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3. Maintaining Human Resources

3.1 Employee Rights and HR Communications: An overview

Employer-Employee relations: DefinitionEmployee relations are a set of human resource practices that seek to secure commitment and compliance with organizational goals and standards through the involvement of employees in decision-making and by managerial disciplinary action.

Employee Relations: Covers communications, employee participation in management decisions, conflict and grievance resolution, trade unions and collective bargaining.

Employee means any person of any age(beyond minors) employed by an employer to do any work for hire or reward under a contract of service; and includes a home worker, or a person intending to work; but excludes a volunteer.

Employer means a person employing any employee or employees; and includes a person engaging or employing home worker.

The Employment Relations Act may enlarge/restrain definition of employer and it is referred to managers and other people who act on the employers behalf.

Employee or independent contractorContract of service- Governs relationship between an employer and an employee.

Contract for services- Governs relations between an employer and an independent contractor.

Who Constitutes an Employer?

Depending on the applicable statute or provision, an employer is one who employs or uses others to do his work, or to work on his/her behalf.

Most statutes specifically include in this definition employment agencies, labor organizations and joint labor-management committees.

Why is it Important to Determine Whether A Worker is an Employee?

There is not merely one definition of who constitutes an employee. The answer will vary depending on the court, the issue and the statute to be applied. The issue, however, must be determined because of the following concerns.

Discrimination and Affirmative Action- Anti-discrimination statutes only protect employees from discrimination by employers.

Cost Reductions.

By hiring employees:

1.Employees are more expensive to employ due to the above regulations that require greater expenditures on behalf of employees, as well as the fact that others must be hired to maintain records of the employees.

2.In addition, by hiring independent contractors, the cost of overtime is eliminated (the wage and hour laws do not apply to independent contractors) and the employer is able avoid any work related expenses such as tools, training or traveling.

How Do You Determine Whether a Worker is An Employee?

When the following factors are satisfied, courts are more likely to find employee status.

a. Instructions: A worker who is required to comply with other persons' instructions about when, where, and how to perform the work is ordinarily considered to be an employee.

b. Training: Training a worker indicates that the employer exercises control over the means by which the result is accomplished.

c. Integration: When the success or continuation of a business depends on the performance of certain services, the worker performing those services is subject to a certain amount of control by the owner of the business.

d. Services Rendered Personally: If the services must be rendered personally, the employer controls both the means and results of the work.

e. Hiring, Supervising and Paying Assistants

f. Continuing Relationships

g. Set Hours of Work

h. Full Time Required

i. Doing Work on the Employer's Premises

j. Furnishing Tools and Materials

k. Payment by Hour, Week, or Month

l. Payment of Business and/or Traveling Expenses

m. Realization of Profit or Loss

n. Right to Discharge

o. Right to terminate

Employee Responsibilities

Employees have moral obligations to:

respect the property of the corporation

abide by employment contracts, and

operate within the bounds of the companys procedural rules.

It is legally established that an employer has a right to loyalty

Contingent or Temporary Workers

Contingent Workers

A person who works for an organization on something other than a permanent or full-time basis

Independent contractors

On-call workers

Temporary employees

Contract and leased employees

Part-time workers

When utilizing contingent and temporary workers, the advantages and disadvantages must be considered.

Although contingency or temporary workers provide a cost savings as a short term benefit, depending on their classification, they could be entitled to protection under the employment laws.

WHY FORMING THE EMPLOYMENT RELATIONSHIP

The employment relationship has both economic and social dimensions. Employers are willing to pay wages and salaries and provide other benefits in order to have work done and workers are willing to accept those rewards as the economic base for their lifestyles. In addition, peoples work provides them with personal identity, and the workplace offers them opportunities for social interaction.

- The employment contract or employment agreement, which establishes the formal and legal relationship of employer and employee, and is subject to the requirement of legislation;

The psychological contract, which embodies all our assumptions and expectations about employment in a job and organization, and is formed through the process of induction and socialization.

At the heart of the employer-employee relationship is a duty of mutual respect

Employers obligations

To pay wages;

To provide work;

To provide a safe workplace and safe work systems;

To reimburse expenses or losses;

The employees obligations

To be present at work;

To obey lawful and reasonable orders;

To exercise reasonable care;

To work faithfully and honestlyState sector employment

Employees should fulfill their lawful obligations to Government with professionalism and integrity.

Employees should perform their official duties honestly, faithfully, and efficiently, respecting the rights of the public and their colleagues.

Employees should not bring their employer into disrepute through their private activities.

Collective employment agreement An agreement that is binding on

- one or more unions, and

- one or more employers; and

- two of more employees.

Law of Agency

An agent is subject to his principal to act solely for the benefit of the principal in all matters connected with his agency. Specifically, the agent is also under a duty not to act or speak disloyally, and the agent is to keep confidential any information acquired by him as an employee that might damage the agent or his business.

Individual employment agreement. An agreement entered into by one employer and one employee who is not bound by a collective agreement that binds the employer.

Individual agreements should contain the following information:

The name of the employee and employer;

A description of the work to be performed by the employee;

An indication of where the employee is to perform the work;

An indication of the arrangements relating to the times the employee is to work;

The wages or salary payable to the employee;

A plain language explanation of the services available for employers and employees to resolve any employment relationship problems.

Types of individual agreements:

Fixed term agreements;

Probationary appointments.

Forming the employment contract

Agreement;

Consideration;

Intention to create a contract;

Capacity;

Consent;

Legality.

According to the Employment Relations rules, the employer must:

- Provide the intending employee with a copy of the agreement;

Advise the intending employee that she or he is entitled to seek independent advice about the agreement;

Give the intending employee a reasonable opportunity to seek such advice.

Implied terms

Hours of work;

Public Holidays;

Annual holidays;

Special leave.

Employee-Employer Relations: Two types of employment relationships

1. Independent Contractor - One who contracts to perform some task for a fixed fee but is independent of the control of the other contracting party as to the means by which the contract is performed except to the extent that contract sets forth specifications and requirements to be followed. No principal-agency relationship.

ADVANTAGE: Liability avoidance for the Principal.

2. Employer-Employee - One who performs work for an employer and is under the employers control both as to the work to be done and as to the manner in which it is to be done.

KEY: Does the employer control the doing of the work.

Employment & Employee Rights

What rights do employees expect their employers to protect?

Employment at will doctrine: Employees remain employed only if both the employer and the employee want the employment relationship to continue

Employment & Employee Rights

Exceptions to the at-will rule

a. Illegal firing

Public Policy Exception

Refusal to perform illegal act

Acts performed in public interest

Jury duty

Whistle-blowing

Breach of contract

Written employment contract

Implied

Length of employment

Regular promotions

Promise of permanence

Positive reviews and/or lack of warning of poor performance

The importance of the employee handbook

Defamation

Method of firing cannot be defamatory

Loss of good name

Impact on employment

Crime, incompetenceRight to privacy

A. Drug Testing

Privacy v. safety

Federal employees affecting public safety e.g. Transportation

Varying state laws

B. Aids Testing No pre-employment testing

C. Information Gathering and use

a. Background checks

Arrest data

Credit history

workers compensation

b. Necessary Record Keeping

Job related and specific purpose

No release without consent

Right to know

Employment Discrimination

Employers are restricted from discrimination based on ethnicity, race, religion, region, age, gender, etc.

Disparate Impact Discrimination

Occurs when job requirements result in disproportionate work force composition

No discriminatory intent required

Burden of proof on plaintiff

Focuses on validity of hiring practices

Employment Discrimination

Sexual Harassment:

Two types

Quid pro quo

Boss asks for sexual favors in return for promotion

Hostile environment

When there is no exchange sought, but the working environment is characterized by harassment

Reasonable person V. reasonable woman standard

Recovery for a sexual harassment claim does not require the plaintiff to prove that she suffered damage to her psychological well-being

Vicarious Liability - Employer held liable for conduct of employee

Employment Discrimination

Affirmative Action:

Applicable to federal contractors

Incentives

Employment goals and timetables

compensatory justice

Problems

Reverse discrimination

Poor implementation ( quota system)

Biased towards large corporations

Diversity -An alternative

Demography or ethnicity driven

Advantages of diversity

(The Federal Civil Servants Proclamation (No. 515/2007) prohibits discrimination.)

Management Concerns

Job Descriptions

An employer should:

create a written job description for the position to be filled; and

determine what qualifications are required of the person filling the position.

Factors used in considering whether a duty is essential include:

whether the position exists to perform the function

whether the function is one that a limited number of employees can perform

whether the function is so highly specialized that the person performing it must have particular expertise or ability to perform the function

Management Concerns

Job Qualifications

In addition to creating written job descriptions, an employer should determine what qualifications are required of the person filling the position. This should be done before the employer begins accepting applications or resumes. Qualifications might include considerations such as:

education

skills

experience

necessary licenses

specialized training

Employment-at-will Principle

The freedom of the employee to quit, the freedom of the employer to fire, and the right of the employer to order the employee to do his bidding define the essence of the employment contract.

Employee Disobedience

An employees job is protected under common law if an employee disobeys an employer on the grounds that the employer ordered him to do something illegal or immoral.

Bill of Rights

Employees may be protected against government infringements of the Bill of Rights, but they are not protected against corporate infringement of these rights.

Why?

Inefficient breakdown in discipline

Employee Rights

Due Process means by which a person can appeal a decision in order to get an explanation of that action and an opportunity to argue against it.

Procedural Due Process the right to a hearing, trial, grievance procedure, or appeal when a decision is made concerning oneself.

Employment-at-will Justifications:

Proprietary rights of employers

Defends employee and employer rights equally

An employee voluntarily commits to certain responsibilities and loyalty

Due process rights interferes with efficiency and productivity

Legislation and regulation of employment relationships undermine the economy.

Problems:

Analogous to considering employees as a piece of property

Arbitrary treatment of employees extends prerogatives to mangers that are not equally available to employees

If there is an expectation of employee loyalty, this should be reciprocated

The institution of due process in the workplace is a moral requirement consistent with rationality and consistency expected in management decision-making.

The Fairness of the Contract at Will

Freedom of contract is an aspect of individual liberty.

The individual parties have better information about their preferences

The contract is sought by both parties

Rules out the use of force or fraud

The Utility of the Contract at Will

The issue is how to maximize the gain form the relationship, which is dependent upon minimizing employee and employer abuse

Monitoring Behavior

Reputational Losses

Risk Diversification and Imperfect Information

Administrative Costs

Distributional Concerns

Those who tend to slack off seem to be most vulnerable to dismissal under the at-will rule

Is an Employer Morally Entitled to Loyalty?

The duty of loyalty is a prima facie duty

When a corporation is engaged in activity that is seriously wrong, employees may have a higher obligation to be disloyal to their employer and blow the whistle.

Whistleblowing

There are two sides:

Those who view them as civic heroes, and

Those who view them as finks

Whistleblowing: persons who sound an alarm from within the very organization in which they work, aiming to spotlight neglect or abuses that threaten the public interest

Whistleblowing and its effect on trust

They try to portray themselves as acting on behalf of an interest higher then their own the public interest.

Believe that there is a substantial audience who will attend to their disclosures They are leveling an accusation of neglect or abuse at particular persons within the corporation.

The end, not the group per se, commands group members loyalty.

The wrongness in whistleblowing is found in acting to destroy workplace atmosphere if and when this destruction could have been avoided.

Responsibilities of the Firm

Provide a forum for free and open discussion

Examine the tasks they impose on employees

Grant employees access to information about company practices

Critically examine their actions

Responsibilities of the Whistleblower

Must be willing to come forward and be identified

Critically examine the position they are being asked to assume

Seek out and consider the implications of available information

Critically examine their actions

Managers are required to consider all activities to ensure that employees are treated fairly.

The laws regulating employees rights relate to the following areas of employment.

Fair Labor Standards - prohibits child labor, sets a minimum wage and maximum working hours.

Equal Pay - men and women doing equal work will get equal pay.

Work Place Safety - mandates procedures for safe working conditions.

Unionization- Unions represent workers interests in organizations any employee has the right to form and/or to be a member

Job Description- receive a written job description for the position to be filled or task to perform

(Refer Federal Civil Servants Proclamation No. 515/2006 and Labor (Amendment) Proclamation NO. 377/2003, ex. Labor Proclamation No. 42/1993)

The Ethiopian Case: Labor rights in the Constitution

The Constitution of Ethiopia contains a full chapter (Chapter 3) on fundamental rights and freedoms. The fundamental rights have been grouped under the headings, Human Rights and Democratic Rights. The Constitution guarantees rights and freedoms, inter alia equality before the law, equal protection under the law, freedom of speech and expression, freedom of religion, belief and opinion, freedom of assembly and association, freedom of person, freedom against jeopardy and ex post facto laws, the right to property.

Labor rights in the Constitution

The Constitution of Ethiopia contains a full chapter (Chapter 3) on fundamental rights and freedoms. The fundamental rights have been grouped under the headings, Human Rights and Democratic Rights. The Constitution guarantees rights and freedoms, inter alia equality before the law, equal protection under the law, freedom of speech and expression, freedom of religion, belief and opinion, freedom of assembly and association, freedom of person, freedom against jeopardy and ex post facto laws, the right to property.

Among these fundamental rights, a whole range of general principles of labor rights are firmly anchored in the constitution. The constitution provides four principles such as the right of the security of the person (Article 16 of the Constitution), the prohibition against inhuman treatment and the abolishment of slavery and servitude (Article 18 (2)) and forced and compulsory labor (Article 18 (3) and (4) of the Constitution).

General Freedom of Association is laid down in the Constitution (Article 31, for any cause or purpose), and specified in Article 42, Rights of Labor, which reads: Factory and service sector employees, peasants, agricultural workers, other rural workers, government employees below a certain level of responsibility and the nature of whose employment so requires, shall have the right to form associations for the purpose of improving their economic and employment conditions.

This right shall include the right to form trade union and other associations, and to negotiate with their employers and other organizations affecting their interests. The Right to Strike is explicitly mentioned in Article 42 (1) b) of the Constitution. This article, in its paragraph 2, also lays down the right to reasonable limitation of working hours, to rest, to paid leave and to healthy and safe working environment.

Article 35 of the Constitution deals with the rights of women, such as equality with men (Article 35(1)), in particular in employment, promotion, pay and the transfer of pension entitlements (Article 35(7), and 42 (1) d)). The Constitution grants the right to maternity leave with full pay, as well as prenatal leave with full pay, in accordance with the provisions of the law (Article 35(4) a) and b)).

Pursuant to Article 36 on the rights of children, every child has the right not to be subject to exploitative practices, neither to be required not permitted to perform work which may be hazardous or harmful to his or her education, health or well-being.

Employee Rights: The new Labor Law

Labor Proclamation 377/2003 amends the previous Labor Proclamation on the following points:

It defines managerial employees in Article 3 (2) c);

It introduces an obligation of employers to maintain records;

It tightens the legal procedure by setting several new deadlines;

It introduces a clear ban for compulsory HIV/AIDS testing (Article 14 (2) d);

It strengthens the workers' position in case of termination (Article 27 (2) and (3);

It clarifies regulations on severance pay and compensation, disablement payment and dependants benefits (Arts. 39, 40, 109, 110);

It creates the full guarantee of freedom of association by abolishing trade union monopoly (Article 114), provided that the number of members of the union is not less than ten;

It recommends regulations on trade union property to be included into the constitution of workers' organizations (Article 117 (12) (new));

It clarifies the cancellation of a union to be effective only after a court decision (new Article 120 (1));

It introduces a simpler system of collective bargaining and labor dispute settlement, with specified time limits to speed up the resolution of conflict (Articles 130 (2), 142 (3), 143 and 151);

It intends to improve the efficiency of the Labor Relation Boards (Articles 145, 1474 (4), 149 (6), 150, 153 and 154);

It restricts the definition of essential services (Article 136 (2)), excluding railway and inter-urban bus services, filling stations and banks, thereby entitling workers or employers of these undertakings to the right to strike or lockout.

Other sources of labor regulation

The major sources of labor law are federal regulations, above all the new Labor Proclamation No. 377/2003, some collective agreements, work statutes and some government's ordinances, for instance in the field of occupational Safety and Health regulations. However, as Article 3 (2) of the Labour Proclamation excludes certain groups of workers from the application of the Proclamation, the following Acts may be considered, too:

The Civil Code (Civil Code Proclamation, No. 165/1960), title XVI, Contracts for the Performance of Services, specifically Articles 2515 to 2639, which contain regulations on general employment contracts, specific forms of employment, such as for domestic servants living in, ed alter, and wage regulations;

Proclamation No. 260/1984 and the regulations issued by the Ministry of Education for the employees of public schools, as amended by Proclamation No. 217/2000 .

The Central Personnel Agency and Public Servants Order of 1961 (as amended by Order No. 28/1962) and the Public Service Regulations No. 1/1962 (contemporarily under review), which apply to all public servants and state employees.

Contract of employment

Permanent and fixed-term contracts of employment

As a rule, the contract of employment is concluded for an unlimited period (Article 9, Labor Proclamation, No. 377/2003),1 except for those listed under Article 10 that allows certain contracts for a definite period of time or a definite piece of work.

The duration of a fixed-term contract must be set according to objective conditions such as a specific end date, the completion of a specific task, or the occurrence of a specific event. It must also in principle be based on the justification, which are specified under Article 10 (1) to (7), which comprises among others motives like the temporary replacement of a permanent worker, urgent and abnormal pressure of work, or seasonal work.

If the employee wants to claim the ineffectiveness of a limitation, he or she must take legal action within three weeks after the agreed ending of the employment contract. An employee who is employed for a fixed-term must be given treatment equal to that given to full-time employees employed to do similar work (Articles 4 (2) and 3 (2)).

Any contract of employment shall meet the requirements of Article 4 (1) to (5), namely it shall be clear, specifying the type of employment, the rate of payment and the duration of the contract. The contract shall not lay down less favorable conditions for the employee than those provided by law, collective agreements or work rules.

There is no specific form requirement, but where the contract of employment is not made in a written form, the employer shall issue a written contract within fifteen days (Article 7(1)).

Special Contracts of employment

Home Work Contract

Article 46 defines the home work contract, and entitles the Minister to give further directives. These directives are not yet proclaimed and in force.

Contract of Apprenticeship

Contracts of apprenticeship, or vocational training, which primarily intend to train young people in a profession, are considered as special contracts of employment. Articles 46 to 51 of the Proclamation not only define the nature of these contracts, but poses a special obligation on the parties related to the nature of this contract, and specifies the grounds for termination.

Contracts beyond the scope of Application of the Labor Proclamation

Under Article 3 (1), the Labor Proclamation is applicable to employment relations based on a contract of employment that exists between a worker and an employer.

However, notwithstanding this general definition, Article 3 (2) of the Labor Proclamation excludes certain special groups from the application of the Proclamation, in particular:

contracts for the purpose of upbringing, treatment, care or rehabilitation;

contracts for the purpose of educating or training other than as apprentice;

contracts relating to persons holding managerial posts who are directly engaged in major managerial functions of an undertaking (...);

contracts of personal service for non-profit making purpose;

contracts relating to persons such as members of the Armed Force, members of the Police Force, employees of state administration, judges of courts of law, prosecutors and others whose employment relationship is governed by special laws;

contracts relating to a person who performs an act in consideration of payments at his own business or trade risk or professional responsibility under a contract of service.

The Council of Ministers is also given power to determine the applicability of this legislation to workers employed in foreign diplomatic missions and international organizations within the territory of Ethiopia as well as those employed in religious and charitable organizations (Article 3 (3)).

Probation

When concluding a contract of employment the parties may agree on a probationary period for the purpose of evaluating his or her suitability to the job (Article 11 (1)). Such an agreement needs to be done in writing and shall not exceed forty-five consecutive days (Article 11(3)). During this period, the employee enjoys the same rights and obligations that the other workers have (as defined in Articles 12 to 14), but termination is possible without notice, if he or she fails to meet the requirements (Article 11 (6)). Severance pay or compensation is not to be paid (Article 11(5)).

Suspension of the contract of employment

The temporary suspension of a contract of employment is regulated under Articles 17 to 21 of the Labor Proclamation. During Suspension the mutual duties under the contract of employment are suspended, so that the employee does not have to work and the employer is not obliged to pay wages, allowances and other benefits (Article 17 (2)).

Article 18 defines the following grounds for suspension:

leave without pay on request of the worker;

leave of absence for the purpose of holding office in trade unions or other social services;

detention for a period not exceeding thirty days (provided that the employer is notified);

national call;

force majeure for a period of not less than 10 consecutive days; and

financial problems that require the suspension of the employers' activities for not less then 10 consecutive days.

In the latter two cases of suspension the Ministry has to be informed in writing about the ground of the suspension (Article 19). Articles 20 and 21 then describe the procedure of confirmation by the Ministry. When the Ministry is convinced that the employer cannot resume its activities within the maximum period of suspension of 90 days, the worker shall be entitled to severance pay (Articles 21 (2), 39 and 44).

Termination of the contract of employment

Grounds for termination and notice

Generally any contract of employment might be terminated by both parties, and in accordance with the provisions of the law or a collective agreement. Article 23 (2) states clearly that the transfer of ownership of an undertaking does not have a terminating effect.

The contract of employment can be terminated on the following grounds:

on expiration of the agreed period of employment (Article 24 (1));

by death of the worker (Article 24 (2));

on retirement of the worker (Article 24 (3));

by the insolvency of the employer; completion of the specified task (Article 24 (4));

by the impossibility of performance, where the worker becomes partially or permanently unable to perform his or her obligations in terms of the contract (Article 24 (5)); and

by mutual agreement (Article 25).

Termination at the initiative of the employee

Generally a worker can terminate the contract of employment giving prior notice of fifteen days (Art. 31). Under Art. 32, 1 good causes for termination without notice from the side of the worker are:

criminal assault from the side of the employer against him or her;

if the employer has repeatedly failed to fulfill his basic obligations.

The worker shall give his reasons for the termination in writing (Art. 32, 2).

Termination at the initiative of the employer

The contract of employment may not be terminated in the absence of a justified reason.

Article 26 of the Labor Proclamation expressly recognizes the following grounds for termination of the employment contract:

misconduct on the part of the employee;

the employee's poor work performance and/or incapacity;

the operational or organizational requirements of the undertaking.

The following grounds do not constitute legitimate grounds for termination and make any dismissal unfair (Article 26 (2)):

membership in a trade union or participation in its lawful activities;

seeking or holding office as a workers representative;

submission of grievance or the participation in proceedings against the employer;

his or her nationality, sex religion, political outlook, marital status, race, color, family responsibilities, pregnancy, lineage or social status.

Notice of dismissal

The limited grounds for termination without notice are defined in Article 27 (1) a) to k):

repeated and unjustified tardiness despite warning to that effect;

absence from work without good cause;

deceitful or fraudulent conduct;

misappropriation of the property or fund of the employer;

returning output which, despite the potential of the worker, is persistently below the quality stipulated;

responsibility for brawls or quarrels at the work place;

conviction for an offence where such conviction renders him or her unsuitable for the post;

responsibility for causing damage intentionally or through gross negligence;

commission of any of the unlawful activities defined in Article 14, such as reporting for work in a state of intoxication, refusal to be medically examined (except for HIV/AIDS test) or to observe Occupation Safety and Health prevention rules;

absence from work due to a sentence of imprisonment for more than 30 days;

offences stipulated in a collective agreement as grounds for termination without notice.

The new text of the Labor proclamation adds that in these cases, the employer must give written notice specifying the reasons for and the date of termination.

Severance pay and compensation

Under Articles 36 to 41 any case of termination provokes payment obligations, such as wages, severance pay and in the case of Article 32 (1) (the employee's poor work performance and/or incapacity) an additional compensation which shall be thirty times his or her daily wages of the last week of service, for the first year of work.

If the worker has served for more than one year, payment shall be increased by one-third of the previous sum for every additional year of service, within the limit of a total amount of twelve months wages.

Remedies in case of unjustified dismissal

A worker who intends to challenge the validity of his or her termination must file a submission before a regional first instance court, where a specialized labor division shall be set up (Articles 137 and 138 (1) b). (It should be mentioned at this stage that due to a severe shortage of educated legal personnel, these specialized labor divisions do not exist in every case.)

If the termination proves to be unlawful, the proclamation gives the choice of remedies. The court may:

Order the employer to reinstate the employee from any date not earlier than the date of dismissal.

Order the employer to pay compensation to the employee.

The primary remedy in respect of an unlawful termination is to order reinstatement or re-employment (Article 43 (1) and (2)). In the event that the employee does not wish to be reinstated or re-employed or the circumstances are such that a continued employment would be either intolerable or no longer reasonably practical and would give rise to serious difficulties, the court may award compensation rather than reinstatement/re-employment, even in cases the worker wishes to be reinstated (Article 43 (3)).

The compensation will be paid in addition to the severance pay referred to in Articles 39 to 40. There are certain limits on compensation. The compensation will be hundred and eighty times the average daily wages and a sum equal to the remuneration for the appropriate notice period in the case of an unlawful termination of an unlimited contract (Article 43 (4) a)), and a sum equal to the wages that the worker would have obtained until the lawful end of his contract (Article 43 (4) b)).

Working time

Hours of work

Normal working hours are 8 hours a day or 48 hours a week (Article 61). They should be distributed evenly, but may be even calculated over a longer period of time (Articles 63 and 64).

Workers are entitled to a weekly rest period of 24 non-interrupted hours in a period of 7 days. Unless otherwise stated in a collective agreement, the weekly rest should be on Sunday, but another day may be chosen for certain services (Article 70).

Overtime

Any work exceeding the normal working time of 48 hours a week is overtime. Overtime is only permissible for up to 2 hours a day, or 20 hours a month, or 100 hours a year, in the following cases (Article 67):

Accident, actual or threatened

Force-majeure

Urgent work

Substitution of absent workers assigned on work that runs continuously without interruption

The proclamation defines the overtime payment in Article 68 (1). The overtime payment ranges from a rate of one and one quarter (1 ) of the ordinary hourly rate (from 6 a.m. to 10 p.m.) to two and one half (2 ) on public holidays.

Employee rights

Night work

Pursuant to Article 68 (1) b), night work is work realized between 10 PM and 6 AM.

The worker is entitled to a rate of one and a half of the ordinary hourly wage.

Paid leave

Annual, uninterrupted leave with pay shall be a minimum of 14 working days, plus one working day for every additional year of service (Article 77). Additional leave is granted for employees engaged in particularly hazardous or unhealthy work. It is forbidden to pay wages in lieu of the annual leave (Article 76).

Public holidays

Ethiopia has twelve public holidays historical memorial days and holidays of Christian and Moslem origin - described by law.

These days are: 7 January (Orthodox Christmas Day), 19 January (Timket), Eid-ul-Adha, 2 March (Battle of Adowa), Orthodox Easter Monday, Coptic Good Friday, Mulud, 5 May (Patriots Day), 28 May (National Day), 11 September (Ethiopian New Year/Coptic New Year), 27 September (Finding of the True Cross), end of Ramadan.

Under Articles 73 to 75, public holidays are paid. A worker who is paid on a monthly basis will not be subjected to a reduction in wages for not working on a public holiday. An employee who works on a public holiday is entitled to the double of his or her ordinary hourly wages.

Maternity leave and maternity protection

Ethiopian Labor Proclamation provides one part (Part Six) to the Working Conditions of Women and Young Workers. Maternity leave and maternity protection are regulated in Articles 87 and 88.

There are provisions around the nature of work that a pregnant employee is not permitted to perform where it could be hazardous to her or the child's health (Article 87 (2) to (6)). Night work is generally prohibited, nor shall she be assigned to overtime-work. Moreover she shall not be given an assignment outside her permanent place of work and be granted time off for medical examinations (Article 88 (1)).

Employees are entitled to maternity leave, which is to start from 30 days prior to due date of birth, and end not less than 60 days after birth of the child. Maternity leave is classified as paid leave (Article 88 (3) to (4).

A nursing employee does not enjoy special legal protection.

Other leave entitlements

Articles 85 to 86 provide for an entitlement to sick leave after the completion of the probation period. An employee is entitled to a maximum of 6 months of sick leave within 1 year of service. An employer will only be obligated to grant paid sick leave for the first months, whereas the wage is reduced to 50 % for the second and third month, and reduced to zero for the third to the sixth month of sick leave within a year. For any absence for longer than one day the employee has the obligation to produce a valid medical certificate.

Moreover, Article 81 to 84 of the Proclamation provide for special leave for family events, union activities and other special purposes, such as for hearings before bodies competent to hear labor disputes, to exercise civil rights, and for training purposes according to collective agreements or working rules.

Minimum age and protection of young workers

Under Article 89 of the Labor Proclamation the statutory minimum age for young workers is 14 years. Beyond the age of 14 years, no person may employ a child for work that is inappropriate or that endangers his or her life or health (Article 89 (2) and (3)). Special measures of protection of young workers (e.g. work in transport, night work, work in arduous, hazardous or unhealthy activities, such as mining) may be taken by the Minister. Work performed under the regime of a vocational training course is exempted from this protection (Article 89 (5)).

As shown above, the Ethiopian Constitution gives children general protection from exploitative labor practices Article 36 Rights of Children.

Ethiopia ratified the ILO Worst Forms of Child Labor Convention, 1999 (No. 182), in September 2003.

Equality

The Constitution guarantees the right to equality in employment, promotion, pay and the transfer of pension entitlement (Article 35 (8) of the Constitution).

The Labour Proclamation in its Article 14 (Unlawful Activities) penalizes any discrimination against female workers in matters of remuneration, on the ground of sex (Article 14 (1) b)) and contains a general provision of anti-discrimination on the basis of sex, religion, political outlook or any other condition (Article 14 (1) f)).

Even though the Constitution recognizes the given historical disparities, an obligation on certain employers to implement affirmative action measures to advance women participation is not imposed. The world of work is still far from substantive equality.

Pay issues

Ethiopian law does not prescribe minimum wages through statute. Usually wages are fixed by the employer or by collective agreements or by the employee's contract of employment.

Articles 53 and 54 of the Proclamation define Wages as the regular payment to which the worker is entitled in return for the performance of the work that he performs under a contract of employment. Overtime pay, allowances, bonuses, etc are not considered as wages. The Proclamation establishes the principle that wage is only paid for work done, except in cases, when the source of the impossibility to work was in the sphere of the employer (i.e. non supply of working material).

Under Article 162 (2), claims for payment of wages, overtime and other payments shall be barred after six months from the date they became due. In case of bankruptcy of the employer, wages enjoy priority. If an insolvency proceeding has been opened over the employer's assets, the employees' claims of wages are treated with priority over other payments or debts in accordance with Article 167 of the Labor Proclamation and Article 1025 of the Commercial Code, Proclamation No. 166/1966.

Workers' representation in the enterprise

At the workplace level, workers may be represented by trade union delegates.

Trade union regulation

Trade union structure under national law

The Constitution recognizes the right to freedom of association, the right to form and join a trade union and the right to participate in trade union activities.

Part 8, chapter 1 of the Ethiopian Labour Proclamation stipulates the right of both workers and employers to form organizations of their own and to participate in them.

Article 113 (2) lays down the trade union structure: There are trade unions (formed by workers), employer's associations, federations (organization established by more than one trade unions or employers' associations) and confederations (established by more than one trade union federations or employer federation).

The Proclamation foresees to form federations and confederations and the right to join international organizations (Articles 114 (5) and (6)).

Collective Bargaining and Agreements

The Ethiopian Labor Proclamation states that one of its central objectives is to promote collective bargaining as a means of maintaining industrial peace and of working in the spirit of harmony and cooperation towards the all-round development of the country.

Collective agreements apply to all parties covered (Article 134(1)) and where their provisions are more favorable to the workers than those provided by law (Article 134 (2)). The collective agreement remains in force even after a trade union, which is party to the agreement, is dissolved. Under Article 133 (3), the duration of an agreement is fixed at three years unless expressly stipulated otherwise.

Labor Strikes

Proclamation specifically excludes from Chapter Five one class of workers, who consequently do not have the right to strike. These are workers who are engaged in essential public service undertakings. These services are defined in section 136 (3) to include:

air transport

undertakings supplying electric power

undertakings supplying water and carrying out city cleaning and sanitation services

urban bus services

hospitals, clinics, dispensaries and pharmacies

fire brigade services and

telecommunication services.

Unlawful strikes and lock-outs

Article 160 (1) prohibits a strike or lock-out initiated after a dispute has been referred to the Board or to the court and the prescribed 30 days period for decision has not elapsed. It is also unlawful to refuse to obey, or to start or continue to strike or to lock-out against the final order or decision of the Board or the court. However, a strike or lock-out, which is not in conflict with such decision, and which was initiated to seek compliance with this decision, is not unlawful (Article 160 (2)).

Pursuant to Article 160 (3), it is prohibited to use violence or threats of physical force together with a strike or lock-out.

Settlement of individual labor disputes

Labor Disputes are generally regulated in part nine of the Ethiopian Labor

Proclamation. Individual disputes fall under the jurisdiction of labor

divisions at the ordinary courts, established as may be necessary at

each regional first instance court (Article 137(1)). Article 138(1) lists the

following individual labor disputes as examples:

disciplinary measures including dismissal;

claims related to the termination or cancellation of employment contracts;

questions related to hours of work, remuneration, leave and rest day;

questions related to the issuance of certificate of employment;

claims related to employment injury;

unless otherwise provided for in this Proclamation, any criminal and petty offences under this Proclamation.

The decision is to be taken within 60 days. Appeal lies with the labor division of the regional court. The jurisdiction of the labor division of the regional court is defined in Article 139. The decision of the Court in matters of appeal is final (Article 140 (2)). The general court procedure follows the Civil Procedure, laid down in the Civil Procedure Code Decree, No.3/1965.

HR Communication What is Communication?

The transmission of information and understanding with common symbols is termed as communication. Communication is the exchange of information between people; it occurs when one person understands the meaning of a message sent by another person, and responds to it. Two forms of information are sent and received in communications: facts and feelings. Facts are pieces of information that can be objectively measured or described. Examples are the cost of a computer, the daily defect rate in a manufacturing plant, and the size of the deductible payment of the company-sponsored health insurance policy. Feelings are employees' emotional responses to the decisions made or actions taken by managers or other employees. Organizations need to design communication channels that allow employees to communicate facts and feelings about specific aspects of their jobs.

Communication is the process of transferring information from one source to another, imparting or interchange of thoughts, opinions, or information by speech, writing, or signs.

Communication is a process by which we assign and convey meaning in an attempt to create shared understanding. This process requires a vast repertoire of skills in intrapersonal and interpersonal processing, listening, observing, speaking, questioning, analyzing, and evaluating. Use of these processes is developmental and transfers to all areas of life: home, school, community, work, and beyond. It is through communication that collaboration and cooperation occur.

Communication makes possible our relationships, friendships, work and family closeness. Yet mastering communication requires continuous use and practice to maintain the skill.Employee CommunicationGood communications are essential within a business if it is to prosper.

In any business, the communication of information is an essential part of three key business activities:

(1) Management decision-making (without relevant, timely and accurate information, decision-making at any level becomes quite tricky!)

(2) Co-ordination of departments, teams and groups - e.g. making sure that marketing, production and administration know what each other is doing, when and why

(3) Motivation of individuals

Examples of communicationTo illustrate the all-pervasive nature of communication, consider the following list of communication examples:

- Exchanging ideas

- Announcing investment plans

- Producing a report with the monthly management accounts comparing actual results against budget

- Giving instructions to the production and purchasing departments about the new product plans for next year

- Delivering a presentation to the marketing department following the results of some quantitative, primary market research

- Announcing the annual trading results and future strategy to company investors and analysts

Directions of communication in a businessCommunication flows in three main directions in a business:

(1) Vertical CommunicationE.g. Communication may be from managers to sub-ordinates; from shop floor workers to supervisors; from the Chief Executive to all other management and employees.

Vertical communication flows are mainly used for reporting information (e.g. results, plans) and obtaining feedback (e.g. an employee survey summarized for the Board of Directors

(2) Horizontal CommunicationThis is between people of the same "level" in a business - usually in the same department, but sometimes communication between departments. This is sometimes known as "peer communication". It is normally used to co-ordinate work. E.g. sales managers for different regions circulate details of potential customers to each other and allocate based on the customer location; or accounting staff in different departments share information to help prepare the annual budget on a consistent basis.

(3) Diagonal CommunicationLess common; this involves interdepartmental communication by people at different levels. A good example would be a project team drawn from different grades and departments.Differences between Information and CommunicationCommunication InformationPerception LogicInterpersonal ImpersonalPattern or Combination Specific or individualCommunication Issues

Encoding of messages can be done verbally or non-verbally

Verbal: spoken or written communication.

Nonverbal: facial gestures, body language, dress.

Sender and receiver communicate based on their perception.

Subjective perception can lead to biases and stereotypes that hurt communication.

Effective Managers avoid communicating based on a pre-set belief.

Dangers of Ineffective Communication

Managers spend most of their time communicating so both they and the subordinates must be effective communicators. To be effective:

Select an appropriate medium for each message.

There is no one best medium.

Consider information richness: the amount of information a medium can carry.

Medium with high richness can carry much information to aid understanding.

Is there a need for a paper/electronic trail to provide documentation?

Management Concerns

Communication:An employer must exercise reasonable care in hiring applicants who may, as a result of their employment and the employer's negligent failure to obtain more complete information, pose a risk to others.

Communication is critical for:

Employee motivation (employee need to share visions, also generate the shared visions); ineffective communication lead to high staff turnover and rope in quality and quantity of work.

Managing organizational change, downsizing, restructuring, etc.

Maintain a casual atmosphere where casual conversation is allowed (leads to creativity and satisfaction)

New management models where employees are empowered and work in teams, information is empowering

The Communication Process

Communication, a continuous process, is the exchange of information and meaning between people. It occurs when one person understands and responds to the meaning of a message sent by someone else. The communication process includes five main components: the information source, the signal, the transmission, the destination or receiver, and the noise.

Communication starts with a sender who has a message to send to the receiver. The sender must encode the message and select a communication channel that will deliver it to the receiver. In communicating facts, the message may be encoded with words, numbers, or digital symbols; in communicating feelings, it may be encoded as body language or tone of voice.

Communications that provide for feedback are called two-way communications because they allow the sender and receiver to interact with each other. Communications that provide no opportunity for feedback are one-way. Noise means barriers to effective Communication. Potential barriers include: ambiguous, muddled messages; semantics; physical barriers; loss of transmission; failing to communicate; competition barriers; cultural, linguistic, and diversity barriers; and not listening.

The process of communication involves:

Messages are transmitted over a medium to a receiver.

Medium: pathway the message is transmitted on (phone, letter).

Receiver: person getting the message.

Receiver next decodes the message.

Decoding allows the receiver to understand the message.

This is a critical point, can lead to mis-understanding.

Feedback is started by receiver and states that the message is understood or that it must be re-sent.

Nonverbal Communication

Nonverbal communication is the non-spoken aspects of communication, such as a persons manner of speaking, facial expressions, or body posture, that express meaning to others. The nonverbal aspects of communication can especially complicate the task of communicating internationally. Nonverbal communication is communication that is sent without the use of the written or spoken word. This type of communication is quite powerful because people can communicate without speaking with facial expression, body posture, tone of voice, use of space, and touching. Occulesics are facial expressions and eye contact that people use to communicate. Kinesics is the study of bodies through posture, gesture, head movements, and similar actions. Use of and reaction to facial expressions and body movement vary from culture to culture.

Conceptual Perspectives of Communication

Defensive Communication (this is bad)

Evaluation - you language, criticize, blaming

Control - don't seek input from others

Strategy - no one want to be a victim of someone else motivation, Superiority - I am better than you behaviors

Neutrality - equal indifferent, this is a problem, when you have a group member who does not care.

Certainty - dogmatism, people who knows the answer, require no additional data, certain they are right, feel as teacher vs co-worker

Supportive Communication

Descriptive - sharing of feelings or perception, general request for information, ie I feel frustrated when you lie on the coach when the house is dirty.

Problem Orientation - seeking solutions to a problem at hand

Spontaneity - sense of a person is honest with their intention

Equality - I am OK, you are OK, We are all human, we are equal.

Empathy - caring and binding into the problem

Provisionalism - willing to hear other speaks, willing to experiment with behaviors, attitude and ideas.

Organization Communication Networks

Organization chart depicts formal reporting channels.

Communication is informal and flows around issues, goals, and projects.

Vertical Communication: goes up and down the corporate hierarchy.

Horizontal Communication: between employees of the same level.

Informal communications can span levels and departments.

Grapevine: informal network carrying unofficial information through the firm.

Technological Advances

Internet: global system of computer networks

Many firms use it to communicate with suppliers.

World Wide Web (WWW): provides multimedia access to the Internet.

Intranets: use the same information concepts as the Internet, but keep the network inside the firm.

Groupware: software designed to let workers share information and improve communication.

Best for team oriented support.

Communication Skills for Managers as Senders

Send clear and complete messages.

Encode messages in symbols the receiver understands.

Select a medium appropriate for the message AND monitored by the receiver.

Avoid filtering (holding back information) and distortion as the message passes through other workers.

Ensure a feedback mechanism is included in the message.

Provide accurate information to avoid rumors.

Communication Skills for Managers as Receivers

Pay Attention to what is sent as a message.

Be a good listener: dont interrupt.

Ask questions to clarify your understanding.

Be empathetic: try to understand what the sender feels.

Understand linguistic styles: different people speak differently.

Speed, tone, pausing all impact communication.

This is particularly true across cultures.

Managers should expect and plan for this.

Communication Networks

Networks show information flows in an organization.

Wheel Network: information flow to and from one central member.

Chain Network: members communicate with people next to them in sequence.

Wheel and Chain networks provide for little interaction.

Circle Network: members communicate with others close to them in terms of expertise, office location, etc.

All-Channel Network: found in teams, with high levels of communications between each member and all others.

Networks in action

Wheel

Chain

All-Channel

Macro Networks

Principle These networks may emerge naturally or be imposed. Either way, they have a similar impact.

Forms of HRM CommunicationVerbal communication and nonverbal communication involve HRM communication. These two forms are supplementary to each other.

Verbal communicationIn human resources management, verbal communication is to transmit messages orally or in written forms.

Generally speaking, oral messages are more easily and quickly transmitted and are less costly than their written counterparts. So under some circumstances, HR executives prefer spoken communications. For example, when they need to acquire information from job applicants, they will make face-to-face conversations, namely, interviews with applicants. Under other circumstances, recognizing that precision and accuracy are usually best achieved through written communiqus, HR executives will employ written forms. For example, to some important decisions, agreements and proposals, HR executives will employ written records. Many HRM messages appear in both forms. They are expressed in both spoken and written forms, usually at two times. The purpose of this is to increase the possibility of message understanding. Generally speaking, whether messages occur in written format or in spoken form is decided by such criteria as cost, expediency, available resources and degree of importance.

No matter whether in oral form or in written form, the purpose of HRM communication has always been one----to improve understanding or at least to get understanding within an organization so as to fulfill HRM function.

Every HR manager admires effective communication, and the effectiveness lies in some certain techniques. Here we will first discuss how to improve written HRM communication. Then, we will discuss techniques of oral HRM communication such as interviewing employees.

Written HRM communicationBasically, there are three types of writings in HRM. They are informational, administrative, or progress. Virtually, many reports overlap several categories. The writing process Over the past decades, composition theorists and researchers have begun to view composing not in terms of isolated problems to be solved or single components that can simply be combined to produce a written text. Instead, writing has come to be understood as a complex and recursive process involving planning, drafting, and revising though there are a variety of terminologies used to discuss the composing. The three phases making up the indiscrete composing process identify three kinds of activities that occur when one writes.

Phase1 Planning, also called invention or prewriting, is connected with the mental and written activities that usually take place before a writer attempts a first draft of a text. The planning activities involve

(1) Analyzing the purpose or goal of the writing task (whether self-assigned or assigned by another person, such as an employer or and instructor),

(2) Determining the characteristics of the audience or potential audience and the writers relationship with them,

(3) Gathering information necessary to complete the writing task, either through introspection or through formal or informal heuristic procedures,

(4) Selecting an organizational pattern or format for the text.

When he plans a test, a writer identifies a texts topic, the purpose or aim, assesses the pertinent knowledge, attitudes, and values of those potential readers to determine the best way to attain the writing purpose, identifies and discovers the content of the text, decides genre and arrangement, and at last chooses different diction and syntax according to different types of discourse.

Phase 2 Drafting is the act of writing the text itself. Through invention, writers create series of propositions about a subject. As Woddpwspm (1978:52) says, Language use has to do with propositions and the acts they are used to perform. But these do not occur in isolation: they combine to form discourse. Combining then means giving considered shape or form to writing for meaningful communication of the proposition to others; the combining becomes a vital part of the process, which is called drafting in the writing process. Drafting is also called formulation.

In the process of drafting writers formulate ideas, link the propositions and develop content. Then the writers shape the content by determining most appropriate and effective form of discourse for the message, considering the specific or nonspecific audience, the writers purpose, and the writing context. Then writers continue to apply the linguistic and mechanical principles, or the surface structures to the piece. Writers concentrate on clarifying the theme and the logical order of ideas and thought. They tighten the unity and coherence of the piece through the use of certain linguistic devices and structural elements from theme to internal paragraph organization. They pay attention as well to the fine-tuning of sentence structure, word choice, punctuation, and spelling. In sum, drafting is the production and formulation of material both for writers themselves and for their reader. 1. Rhetorical shaping refers to how writers choose their treatment of content. Writers decide whether to use a descriptive, narrative, expository, or persuasive, literary, or referential form. A lawyers purpose for writing a trial brief would probably demand a persuasive form while an engineers purpose for writing a project report would call instead for an expository or referential form. So in rhetorical shaping, drafting becomes the part of writing which helps to the formalization of a piece of discourse intended for someone. 2. Linguistic shaping includes the well-formedness of the piece---unity, coherence, and cohesion of the piece of writing. In drafting a writer should be able to use the linguistic criteria ranging from clearly stating the thesis or controlling ideas of an essay, a report, a poem to knowing grammatical rules and how to increase the relative readability of the text. The text should have a clear division of material into paragraph unit, sentences, and structures that emphasize meaning and effective word choices conveying the theme to readers.

Writers must focus on the basic elements to the linguistic shaping of their messages. In addition to the overall structure of the discourse in compliance with the theme and the coherence of the piece evolving from logical connections within and between sentences and paragraphs, linguistic shaping involves the organization of each sentence and its parts, and the cohesion within and between sentences by means of ties and the effective and accurate choice of words. By employing linguistic devices, a writer attempts to create a piece of effective writing that transmits message successfully between them and their audiences.

Six-step approach to HRM writingBased on the above writing process suggested by composition theorists and researchers and combined with management practice, the Six-step approach is rather practical for HRM writing. The following is to show, step by step, the process of writing and revising a memo or report on HRM with the method..

First, knowing the readers

To have some ideas about the audience will make the choices on words and sentence structures more purposeful. For instance, an HR manager is asked to write a long memo, proposing a merger of the Public Relations department and Publicity department and including some specific suggestions on how to put the two together. He must know the potential readers. Who will be the reader-----the president, employees or the departmental mangers? He will organize the whole writing based on what he knows about the readers.

Suppose the executive gets to know that the readers will be the Executive Committee of the company and that they have decided to combine the departments, but they need a written justification before the action is taken. Then, for the writer, the most important purpose of this writing is to make the proposal as convincing as possible. Setting the writing goals and deciding the main point both depend on who will be the reader. If the HR executive does not know who will be his or her reader, he or she had better write for the "average" person.

Second, gathering informationThe executive must gather information to get the supportive facts and exact figures for the article. During the information-gathering stage, he may form a tentative outline because he will have more and more material to organize as the information accumulates. To do well in this stage, the writer may need idea notes,----scraps of paper that say things he plans to include in his memo such as, budget of public relations dept. last year or job descriptions of Publicity dept. writers.

Third, planning and organizing the writing strategy.

As we all know, every piece of writing should have a point, and HRM report should also have a so what?---- the readers reason for reading it. This is a principle well known to many professional HR executives, who realize that early in an article they must give their readers some reasons for reading on. Often, an article should have an attention-grabbing opening paragraph or two, followed by a statement that tells the reader why he should be interested in the article, what he may hope to gain by reading it. For example, if an executive of a large corporation includes in his 4-page-long memos a statement like, Before the meeting, this report is to give you some ideas on our companys bonus adjustment last year, the readers will have a clear expectation of the reading.

So there are three musts to decide in this step:

1.What is this about? (The main point.)

2.Why should his reader be interested? (The so what---the readers reason for reading it.)

3.What should his reader do about this? (The goals or purpose.)

Referring to the above-mentioned three musts, the writer will decide that his main point is that the P. R. and Publicity departments should be merged. His goal is to convince management that this should be done, and the so what is that they should want to do this because the merger will make the company more efficient, reduce costs, and thus make the operation more profitable. His strategy is to demonstrate that the merger will accomplish these. Thus, he has to present the problems created by separate departments and show, in detail, how the merger will solve these problems.

Chart 1-4 below shows some special methods useful for certain writing purpose.------------------------------------------------------------------------------------------------------------------------------Methods of Organizing Material

Writing purpose

1. To describe how to do something.

2. To classify; to argue for or against something.

3. To predict what effect something will have.

4. To analyze what caused something.

5.To compare something

Method to Use

For purpose 1. Step-by-step order. Tell how the process is done, giving each step in the order in which it is performed.

For purpose 2. Logical order. Arrange the points of your classification or the points of your argument in a logical, easy-to-follow sequence.

For purpose 3. Cause and effect. First give the causes or conditions, then discuss the probable effects. (Useful in anticipating future events.)

For purpose 4. Effect to cause. First discuss the effects, then suggest possible causes. ( Useful in analyzing a present problem. )

For purpose5. Comparison and contrast. Discuss how two or more things are alike and/or different. (Useful in identifying advantages and disadvantages of something or learning about an unknown by comparing it with something that is known. )--------------------------------------------------------------------------------------------------------------------------------------------According to the chart, a point-by-point logical organization and a step-by-step analysis will be used to describe the plan for implementing the merger. Therefore, this memo will have two parts. Part I will be the point-by-point presentation of the problems and their solutions; Part II will describe how the merger should be carried out step by step.

Forth, listing ideas.

Before working out an outline, to list those idea notes, in no particular order, will greatly facilitate the writing later. The writer may finish this step like this:

1. Should save money----three publicity writers and directors under-employed at present.

2. No real reason to have separate publicity department. Only happened because many years ago, R&D was headed by a former newspaperman who sent out press releases on new research and new products. This grew into publicity department. Still under R&D V. P., which doesnt make sense. Later P. R. dept. was added for producing a house magazine and newsletter. Still later, a magazine for customers was added as a P. R. organ.

3. Many functions of publicity dept. could better be handled by advertisement agency (better facilities for photos, etc.). This would free some time.

4. Much of what is done now by publicity largely duplicates what advertisement agency does.

5. Budget of publicity department high because not enough work to keep three writers busy.

6. Present Head of publicity dept. will resist merger. Hell lose prestige.

7. P. R. people are not knowledgeable about media. Could use input of publicity people. Convenient

to have them in same office.

8. P. R. offices nicer. Publicity would gain prestige by move.

9. Need to integrate planning of both departments, especially budget.

10. P. R. department presently hires outside writers and buys outside material for magazines. Could use underemployed publicity writers for that.

11. Could save money by phasing out photo lab.

12. Plenty of room in P. R. department offices for moving in publicity personnel. Other departments could use extra space.

Doing so enables the HR executive to test each item for relevance, repetition, and completeness. For example, going over this list, the HR executive will find that Item 6 is true but irrelevant to his set strategy. This fact may be considered when he writes up a plan for carrying out the change. Item 3 and 4 are essentially the same and thus can be combined. And all those items with something in common should be grouped together in the outline. For example, items related to saving money either directly or indirectly.

Fifth, working out an outline and writing the first draft.

After the rearrangements of the material, the writer will come up with an outline that may look like the following, which is an invaluable guide when he writes the first draft.

Introduction: Statement of problem and statement of purpose (brief and general).

Part I Why the two departments should be merged

A. Historical reasons for two departments and why these reasons no longer apply.

B. Both departments would benefit from integrated planning.

1. Examples of inefficiency and duplication of effort.

2. P. R. people would benefit from technical skills of publicity people, Give examples.

C. The company would save money by merging the two departments. Conservative estimate: $________.

1. Photo lab in publicity department could be phased out; pictures processed outside.

2. Underemployed writers in publicity department could take over writing jobs in P. R. department presently farmed out.

3. Extra space in P. R. department could be taken by transferred publicity personnel, thereby freeing ________ square feet for use by ________ .

Part II How merger should take place

A. Convince both departments of advantages as outlined in Part I ----from their point of view ( e.g., moving would give publicity people more prestigious officers; money saved could go into salaries).

B. Make present head of publicity department, assistant director of P. R., other goodies to soften move, make it seem other than a demotion.

C. Involve people in both departments in details of planning physical move.

D. Write new job descriptions for transferred personnel.

E. Have P. R. dept. head work out details of photo lab phase-out.

F. Set a date for accomplishing all this. (Timetable.)

G. Two weeks after move, hold a feedback session to see how the changes are working out.

The blanks in the outline indicate gaps in the information that must be filled in. Thus HR executive reminds himself more facts under Part I, sections C1,2, and 3 should be gathered so that he can come up with a convincing dollar amount saved.

According to the outline, the first draft is worked out.

Sixth, revising the first draft

This step is very critical for the effectiveness of the whole writing for there are must be some unexpected mistakes in the first draft. I will propose several points for attention in the step, and I will particularly discuss improving syntax effectiveness in HRM rules & regulations writing.

A. Several points for attention in the revision

We conclude the eight respects calling for attention in the revising process suggested by the composition theorists and researchers as the skeleton, the flesh, the clothing and the grooming. That is, the writer will examine

a. the skeleton (structure and method of organization).

b. the flesh (details that fill the outline and make it convincing----facts, examples, statistics; presented in sentences organized into paragraphs).

c. the clothing (words chosen to express ideas arranged in clear sentence form).

d. the grooming (correct grammar, spelling, punctuation).

If the structure of the draft is sound, then the writer should take trouble to make the report forceful. In other words, he should fill the draft. A draft, no matter how long it may be, is thin if it doesnt include enough specific facts, examples, and statistics to support the writers generalizations. And it is flabby if it is repetitious, wordy, and contains meaningless generalizations and unsupported opinions.

Consider the following sentence, written by an executive in the manufactured housing (trailer) industry: It is more or less known in the manufactured housing industry that the demand for service is so great that a top-notch serviceman can make a good living as an independent service contractor. This sentence can be greatly improved by deleting It is more or less known, which is not only wordy but gives an impression of indecisiveness. The sentence then becomes, The demand for service is so great in the manufactured housing industry that a top-notch serviceman can make a good living as an independent service contractor.

Passive voice is always wordy. Compare It was voted by the board of directors to declare a dividend with The board of directors voted to declare a dividend. Which is better? So, until it is really needed either to avoid specifying the subject or to emphasize the object as, It was decided to reject , It has been determined that, The ads were placed in a , HRM writers had better use active verbs and write the sentences as "The manager said..." rather than "It was said by the manager that"

Often the writer will pile on modifying phrases and make the sentence redundant in the first draft. For example, She was given a book by the manager of the office for the sole purpose of keeping records of minor expenditures. The whole sentence actually is, The office manager gave her a book to keep petty cash records. Therefore, when the writer revises, he should keep alert for opportunities to combine two sentences into one by making one sentence into a dependent clause.

A wordy sentence is not necessarily a long sentence, and long sentences are not always wordy. A wordy sentence is one that has words that arent earning their keep. Cut them or replace them with simple words and phrases. For example, replace at this point in time with now; use "like" instead of "in a matter similar to that of." Make every word work for the information transmitting. For example, in the sentence "Bad weather conditions prevented yesterday's meeting, the word "conditions" is an unnecessary one. Say, "Bad weather prevented yesterday's meeting." Generally speaking, using short sentences and paragraphs can help to overcome the wordiness.

But just as too many complex sentences or run-on sentences will confuse the readers, too many short, choppy sentences can be dull. The company was mismanaged, it went bankrupt is a run-on sentence. But The Company was mismanaged. It went bankrupt is not necessarily the way to fix it. It would be better to vary the sentences: The Company was mismanaged and it went bankrupt or Mismanaged, the company went bankrupt or The Company, which was mismanaged, went bankrupt. Whenever the writer notices the same sentence pattern appearing over and over, he should introduce variety to help keep the reader attentive.

Some sentences, although grammatical, are extremely sleep-inducing: These areas should be considered expeditiously because the department may be called upon to answer public and congressional inquiry with respect thereto and this may best be handled outside of the firm because of the involvement of the acting chief inspector. This example contains language that is vague, abstract, pompous and bureaucratic, and the rhythm is jerky and stumbling. So, trying reading the sentences out loud is necessary sometimes. If like this one, the sentences must be difficult to get through without stumbling and halting, and something must be wrong.

When revising the first draft, the writer should also watch for words that may confuse the readers. Pronouns can be among the worst offenders. If the writer writes, Alemu, our company president, has just hired Selam as our new computer expert, and he will be down to see you next week, should the reader expect Alemu or Selam? So, the writer should be alert to reduce this kind of confusion.

If the first draft contains some technical language or jargon that the readers will not understand, the writer should translate those specialized vocabulary into more general terms. Similarly, if the first draft contains words that are too complex for the readers, the writer should replace them with short and familiar words, for example, to use "improve" instead of "ameliorate."

Finally, just as a person should look his or her best while giving an oral presentation, the HRM writer should make his writing look its best. This means it must be not only neat (well typed with proper margins), but correctly spelled and punctuated as well. Often, correct spelling and punctuation make the difference between saying exactly what the writer means and saying something else. The sentence His faith in his opinion is unshaken describes someone who has unshaken faith in his own opinion. But His faith, in his opinion, is unshaken makes the statement that this persons faith (i.e., management belief) is , in someones opinion, unshaken. Commas, colons, and periods are intended to be the equivalents of pauses in speech. So reading the sentences out loud will help the writer to identify the places where punctuation is necessary. In HRM writing, capitalization merits an HR executives attention most because it is often encountered when an HR executive writes bulletins, memos, reports, and mails.

Correct spelling is crucial in English, a language rich in homophones (words that sound the same but are spelled differently). Often, one letter can make all the difference. So when in doubt, the writer should check a dictionary.

Generally speaking, once an HR executive has given his revised version of the memo one last check of spelling, grammar and punctuation, he can turn it over to his secretary for a final typing. At this time, the HR executive should pay attention to the last but not least point that the visual impact of the typed page has a great influence on readability. Generally speaking, a good average sentence length is 15-20 words. Long paragraphs are uninviting, and 20 lines are the length most people can cope with. Marginal heads are also very effective devices that aid achieving readability in reports. They serve the same purpose in an HRM report as headlines in a newspaper. First, they tell the readers what to expect in the paragraphs following. Second, they help break up the monotony of paragraph after paragraph of the report. By utilizing the marginal heads, the writer can direct the reader through the report with predetermined purpose.

Perhaps going through all these above mentioned steps takes a little longer time than usual. However, considering writing itself is a kind of nonverbal communication indicating management quality and whether it is a good one will enhance or decrease the effectiveness of the whole communication effort, HR executive, if an efficiency-pursuing one, should take trouble to practice them.Summary of Methods of HR Communications

a. Downward Communication Systems

. In-House Publications

. Information Booklets

. Employee Bulletins

. Prerecorded Messages

. Electronic Communication

. Information Sharing and Open Book Management

b. Upward Communication Systems

. Grapevine Communication

. Electronic Communication

. In-House Complaint Procedures

. Manager-Employee Meetings

. Suggestion Systems

. Attitude Survey Feedback

Communication is critical for: Employee motivation (employee need to share visions, also generate the shared visions); ineffective communication lead to high staff turnover and rop in quality and quantity of work. Managing organizational change, downsizing, restructuring, etc. Maintain a casual atmosphere where casual conversation is allowed (leads to creativity and satisfaction) New management models where employees are empowered and work in teams, information is empowering (watch film for example) Essential for individual career success. Interview and relationships (film)

Barriers to communication

Barriers to Effective Communication and ways to remove these barriers

The complex factors in the communication pose barriers to effective communication. Individual barriers include perceptual biases, which function as noise by affecting how the receiver gathers, organizes, and interprets information. Organizational barriers to effective communication include organizational culture and structure, status differences, and time.

Active listening is a good way to minimize both individual and organizational barriers to effective. Specifically the barriers to effective communication include: Inappropriate language;

No feedback;

Wrong medium;

Distractions;

Too much communication;

Poor listening;

Assumptions and conclusions;

Too kind Atmosphere

Cultural differences;

Different roles and perceptions;

Organizational barriers

-Distance

Long communications lines

Ineffective process

Specialization

Pressures

Status differences

Filtering.

Communication methods

Handbooks

Magazines and newsletters

Manuals

Grapevine

Team briefing

Cross-cultural communication

Organizational issues

Job interviews;

New employees

Problems and solutions.

Problems with any one of the components of the communication process can become a barrier to communication. These barriers suggest opportunities for improving communication, let describe some of the major barriers of communication as follows:

1. Muddled messages - Effective communication starts with a clear message. Contrast these two messages: "Please be here about 7:00 tomorrow morning." "Please be here at

7:00 tomorrow morning." The one word difference makes the first message muddled and the second message clear.

Muddled messages are a barrier to communication because the sender leaves the receiver unclear about the intent of the sender. Muddled messages have many causes. The sender may be confused in his or her thinking. The message may be little more than a vague idea. The problem may be semantics, e.g., note this muddled newspaper ad: "Dog for sale. Will eat anything. Especially likes children. Call 888-3599 for more information."

Feedback from the receiver is the best way for a sender to be sure that the message is clear rather than muddled. Clarifying muddled messages is the responsibility of the sender. The sender hoping the receiver will figure out the message does little to remove this barrier to communication.

2. Stereotyping - Stereotyping causes us to typify a person, a group, an event or a thing on oversimplified conceptions, beliefs, or opinions. Thus, basketball players can be stereotyped as tall, green equipment as better than red equipment, football linemen as dumb, Ford as better than Chevrolet, Vikings as handsome, and people raised on dairy farms as interested in animals. Stereotyping can substitute for thinking, analysis and open mindedness to a new situation.

Stereotyping is a barrier to communication when it causes people to act as if they already know the message that is coming from the sender or worse, as if no message is necessary because "everybody already knows." Both senders and listeners should continuously look for and address thinking, conclusions and actions based on stereotypes.

3. Wrong channel - "Good morning." An oral channel for this message is highly appropriate. Writing "GOOD MORNING!" on a chalkboard in the machine shed is less effective than a warm oral greeting. On the other hand, a detailed request to a contractor for construction of an office should be in writing, i.e., non-oral. Variation of channels help